June 13, 2012 By Paul Wallin

The answer should be no. In California if you have one prior DUI conviction within the past ten years then you will be treated as a Second Offender and face more serious punishment than if you were a first offender. If you have two prior convictions within ten years then your sentence would be a minimum of 120 days in jail plus a 3 year revocation of your driving privilege. However, since your conviction is more than ten years old it is not required to be used to increase your punishment.
This does not mean that the DA will not know about it because they will know about it. Some DA’s will not want to treat you as a “first offender” and might not offer you the best possible offer due to your prior conviction.

1 comment

  1. Last week, I apeared for a client charged with DUI. Her prior was 11 years ago. While outside the 10 year period, the DA charged her with a first time DUI. Knowing that the DA would likely not want to treat her as a true first timer, we decided for client to attent AA meetings. When we had proof of such meetings, the DA agreed to offer her a first time offer with no additional punishments due her prior conviction 11 years ago. Many DA’s do look at that prior and while it is still considered a first offense (within 10 years), DA’s often want more punishment if there is a prior even outside 10 years. We were ready!

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